S T A T E   O F   N E W   Y O R K
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                                  8655

                          I N  A S S E M B L Y

                            January 30, 2014
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Social Services

AN ACT to amend the social services law and the public authorities  law,
  in  relation  to  directing  the  out-of-state  placement committee to
  develop a residential bed plan and  in  relation  to  authorizing  the
  dormitory authority to finance new facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 483-d of the social  services  law  is  amended  by
adding a new subdivision 7-a to read as follows:
  7-A.  RESIDENTIAL  BED  PLAN. (A) THE OUT-OF-STATE PLACEMENT COMMITTEE
MEMBERS SHALL DEVELOP A RESIDENTIAL BED PLAN THAT  INCLUDES  RECOMMENDA-
TIONS  TO  ADDRESS  CURRENT  AND  FUTURE PROGRAMMATIC AND PHYSICAL PLANT
NEEDS FOR RENOVATED AND NEW IN-STATE CAPACITY AT RESIDENTIAL SCHOOLS AND
RESIDENTIAL FACILITIES, INCLUDING BUT NOT LIMITED TO: RESIDENTIAL INSTI-
TUTIONS FOR CHILDREN, AS DEFINED IN SUBDIVISION  FORTY-FOUR  OF  SECTION
SIXTEEN  HUNDRED SEVENTY-SIX OF THE PUBLIC AUTHORITIES LAW AND ANY OTHER
OFFICE OF CHILDREN AND FAMILY SERVICES LICENSED FACILITY; AND  COMMUNITY
RESIDENCES,  AS  DEFINED  IN SUBDIVISION TWENTY-EIGHT OF SECTION 1.03 OF
THE MENTAL HYGIENE LAW.
  (I) THE COMMITTEE, IN CONSULTATION WITH THE DIVISION  OF  THE  BUDGET,
SHALL  DEVELOP  A RESIDENTIAL BED PLAN THAT WILL BE BASED ON AGENCY DATA
REGARDING CHILDREN CURRENTLY IN NEED OF  RESIDENTIAL  SERVICES  AND  THE
PROJECTED  FUTURE NEED FOR SUCH SERVICES, AND CURRENT PHYSICAL STATE AND
CAPACITY OF RESIDENTIAL SCHOOLS AND RESIDENTIAL FACILITIES. EACH  MEMBER
AGENCY  THAT  PLACES  CHILDREN  OR  HAS OVERSIGHT RESPONSIBILITY FOR THE
PLACEMENT OF CHILDREN IN RESIDENTIAL SCHOOLS OR  RESIDENTIAL  FACILITIES
WILL PROVIDE THIS DATA TO THE COMMITTEE.
  (II) THE COMMITTEE SHALL FORWARD THE PLAN TO THE GOVERNOR, THE MAJORI-
TY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER  OF  THE  SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY, AS SOON AS
PRACTICABLE, BUT NO LATER  THAN  THE  ANNUAL  PROGRESS  REPORT  REQUIRED
PURSUANT  TO  SUBDIVISION  SEVEN OF THIS SECTION, WITH ANNUAL UPDATES ON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07263-02-3
              

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ITS PROGRESS IN MEETING THE PLAN'S GOALS TO BE  INCLUDED  THEREAFTER  IN
SUCH REPORT.
  (B)  IN  ACCORDANCE  WITH  THE  RESIDENTIAL  BED PLAN DEVELOPED BY THE
COMMITTEE AND IN CONSULTATION WITH THE DIVISION OF THE BUDGET,  INDIVID-
UAL  COMMITTEE  MEMBER  AGENCIES  SHALL ISSUE A REQUEST FOR PROPOSALS TO
PROVIDERS OF NOT-FOR-PROFIT RESIDENTIAL SCHOOLS OR  RESIDENTIAL  FACILI-
TIES  WITHIN  THE  STATE FOR THE CONSTRUCTION OF NEW RESIDENTIAL SCHOOLS
AND RESIDENTIAL FACILITIES  AND  THE  RENOVATION  OR  REHABILITATION  OF
EXISTING RESIDENTIAL SCHOOLS AND RESIDENTIAL FACILITIES.
  (C)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW  TO THE CONTRARY,
MEMBERS OF THE COMMITTEE  SHALL  AUTHORIZE  OR  SEEK  AUTHORIZATION  FOR
CREATION  OF  A  REIMBURSEMENT FACTOR FOR APPROVED CAPITAL COSTS FOR NEW
FACILITIES AND RENOVATION OR REHABILITATION OF EXISTING FACILITIES WITH-
IN THE EXISTING RATE METHODOLOGIES OF SUCH MEMBER AGENCY, INCLUDING  ANY
SPECIAL  RATE  METHODOLOGIES  ESTABLISHED  FOR  THE  DORMITORY AUTHORITY
FINANCED PROGRAMS, UPON ITS DETERMINATION AND WITH  THE  CONCURRENCE  OF
THE MEMBERS OF THE COMMITTEE, THAT THE CONSTRUCTION OR REHABILITATION OF
SUCH  RESIDENTIAL  SCHOOL  OR  RESIDENTIAL  FACILITY IS DESIRABLE AND IN
KEEPING WITH THE RESIDENTIAL BED PLAN.
  (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
DORMITORY  AUTHORITY  IS  HEREBY  AUTHORIZED TO PROVIDE FINANCING OF THE
COSTS RELATED TO THE CONSTRUCTION OF NEW FACILITIES AND  THE  RENOVATION
OR REHABILITATION OF EXISTING RESIDENTIAL SCHOOLS AND RESIDENTIAL FACIL-
ITIES,  PURSUANT  TO THE PLAN DEVELOPED IN ACCORDANCE WITH PARAGRAPH (A)
OF THIS SUBDIVISION.
  (E) NOTHING CONTAINED IN  THIS  SUBDIVISION  SHALL  REQUIRE  THAT  THE
DORMITORY AUTHORITY BE THE SOLE OR ONLY FINANCIER OF SUCH NEW FACILITIES
OR RENOVATION OR REHABILITATION OF EXISTING FACILITIES.
  S  2.  Paragraph  (b)  of  subdivision 2 of section 1676 of the public
authorities law is amended by adding a  new  undesignated  paragraph  to
read as follows:
  ANY  RESIDENTIAL SCHOOL OR RESIDENTIAL FACILITY AS DEFINED IN SUBDIVI-
SION FORTY-SIX OF THIS SECTION FOR THE FINANCING,  REFINANCING,  DESIGN,
REPLACEMENT  (INCLUDING  ACQUISITION  AND CONSTRUCTION), RECONSTRUCTION,
REHABILITATION, IMPROVEMENT, RENOVATION, AND  EQUIPPING  OF  RESIDENTIAL
SCHOOLS OR RESIDENTIAL FACILITIES.
  S 3. Section 1676 of the public authorities law is amended by adding a
new subdivision 46 to read as follows:
  46. THE TERM "RESIDENTIAL FACILITY" OR "RESIDENTIAL SCHOOL" SHALL MEAN
A  NOT-FOR-PROFIT  CORPORATION  THAT IS LICENSED OR CERTIFIED BY A STATE
AGENCY OR DEPARTMENT TO OPERATE A RESIDENTIAL SCHOOL  OR  A  RESIDENTIAL
FACILITY FOR CHILDREN PLACED BY STATE AND LOCAL AGENCIES OR DEPARTMENTS,
INCLUDING  BUT  NOT  LIMITED TO, THE COMMITTEE ON SPECIAL EDUCATION OF A
SCHOOL DISTRICT OR LOCAL SOCIAL SERVICES DISTRICT.
  S 4. Subdivision l of section 1680 of the public  authorities  law  is
amended by adding a new undesignated paragraph to read as follows:
  ANY  RESIDENTIAL SCHOOL OR RESIDENTIAL FACILITY AS DEFINED IN SUBDIVI-
SION FORTY-SIX OF SECTION SIXTEEN HUNDRED SEVENTY-SIX OF THIS TITLE  FOR
THE  FINANCING,  REFINANCING, DESIGN, REPLACEMENT (INCLUDING ACQUISITION
AND CONSTRUCTION), RECONSTRUCTION,  REHABILITATION,  IMPROVEMENT,  RENO-
VATION AND EQUIPPING OF SUCH RESIDENTIAL SCHOOLS AND RESIDENTIAL FACILI-
TIES  THAT  HAVE BEEN APPROVED IN ACCORDANCE WITH SUBDIVISION SEVEN-A OF
SECTION FOUR HUNDRED EIGHTY-THREE-D OF THE SOCIAL SERVICES LAW AND  THAT
ARE CONSISTENT WITH THE RESIDENTIAL BED PLAN ADVANCED IN ACCORDANCE WITH
SUCH SUBDIVISION.

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  S 5. Section 1680 of the public authorities law is amended by adding a
new subdivision 41 to read as follows:
  41.  A.  ANY  LEASE,  SUBLEASE  OR  OTHER AGREEMENT BY AND BETWEEN THE
AUTHORITY AND  A  NOT-FOR-PROFIT  CORPORATION  OPERATING  A  RESIDENTIAL
SCHOOL   OR  RESIDENTIAL  FACILITY  SHALL,  IN  ADDITION  TO  ANY  OTHER
PROVISIONS DEEMED NECESSARY BY THE AUTHORITY, CONTAIN THE FOLLOWING:
  (1) A REQUIREMENT THAT SUCH NOT-FOR-PROFIT  CORPORATION  ESTABLISH  AN
ACCOUNT  WITH  A  BANK OR TRUST COMPANY ACCEPTABLE TO THE AUTHORITY INTO
WHICH THE NOT-FOR-PROFIT CORPORATION  SHALL  DEPOSIT,  OR  CAUSE  TO  BE
DEPOSITED,  ALL AMOUNTS RECEIVED BY SUCH NOT-FOR-PROFIT CORPORATION FROM
ANY SCHOOL DISTRICT, SOCIAL SERVICES DISTRICT, OR  ANY  OTHER  PAYOR  ON
ACCOUNT  OF  THE  RESIDENTIAL  AND EDUCATIONAL SERVICES PROVIDED BY SUCH
NOT-FOR-PROFIT CORPORATION. THE NOT-FOR-PROFIT CORPORATION  SHALL  GRANT
TO  THE  AUTHORITY A SECURITY INTEREST IN SUCH ACCOUNT AND THE MONEYS ON
DEPOSIT THEREIN SHALL BE SUBJECT TO  WITHDRAWAL  BY  THE  NOT-FOR-PROFIT
CORPORATION  ONLY  AFTER PAYMENT OF AMOUNTS THEN DUE TO THE AUTHORITY AS
PROVIDED IN SUCH LEASE, SUBLEASE OR OTHER AGREEMENT;
  (2) A REQUIREMENT THAT THE NOT-FOR-PROFIT  CORPORATION  GRANT  TO  THE
AUTHORITY   EITHER  A  MORTGAGE  ON  THE  REAL  PROPERTY  USED  BY  SUCH
NOT-FOR-PROFIT  CORPORATION  TO  PROVIDE  RESIDENTIAL  AND   EDUCATIONAL
SERVICES OR SUCH OTHER INTEREST IN REAL PROPERTY AS IS ACCEPTABLE TO THE
AUTHORITY;
  (3)  A  REQUIREMENT  THAT  THE  NOT-FOR-PROFIT CORPORATION CONTINUE TO
OPERATE A RESIDENTIAL SCHOOL OR RESIDENTIAL FACILITY FOR CHILDREN PLACED
BY STATE AND LOCAL AGENCIES AND DEPARTMENTS (INCLUDING BUT  NOT  LIMITED
TO  THE  COMMITTEE  ON SPECIAL EDUCATION OF A SCHOOL DISTRICT OR A LOCAL
SOCIAL SERVICES DISTRICT) FOR THE TERM OF THE LEASE, SUBLEASE  OR  OTHER
AGREEMENT  AND  IN THE EVENT SUCH NOT-FOR-PROFIT CORPORATION FAILS TO DO
SO, PROVIDE FOR THE TRANSFER AND OPERATION OF THE  RESIDENTIAL  PROGRAMS
OR EDUCATIONAL PROGRAMS TO A REPLACEMENT NOT-FOR-PROFIT OPERATOR THAT IS
QUALIFIED  TO PROVIDE SUCH SERVICES AND THAT HAS ASSUMED THE OBLIGATIONS
OF SUCH NOT-FOR-PROFIT CORPORATION PURSUANT TO SUCH AGREEMENT;
  (4) ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHORIZED AND REQUIRED TO
PAY ALL FUNDS PAYABLE TO A RESIDENTIAL SCHOOL OR RESIDENTIAL FACILITY ON
ACCOUNT OF THE RESIDENTIAL AND EDUCATIONAL  SERVICES  PROVIDED  BY  SUCH
NOT-FOR-PROFIT  CORPORATION  INTO  THE  ACCOUNT  ESTABLISHED PURSUANT TO
SUBPARAGRAPH ONE OF THIS PARAGRAPH. IN THE EVENT OF THE FAILURE  OF  THE
APPLICABLE  PAYOR  TO  MAKE A MAINTENANCE RATE PAYMENT (OR OTHER SIMILAR
RATE COMPONENT ESTABLISHED BY  THE  STATE  AGENCY  OR  DEPARTMENT  WHICH
LICENSED OR CERTIFIED THE RESIDENTIAL SCHOOL OR RESIDENTIAL FACILITY) TO
THE  NOT-FOR-PROFIT  CORPORATION  FOR  RESIDENTIAL  CARE AND EDUCATIONAL
SERVICES PROVIDED TO A CHILD IN THE RESIDENTIAL  SCHOOL  OR  RESIDENTIAL
FACILITY,  THE  STATE  COMPTROLLER SHALL WITHHOLD STATE REIMBURSEMENT TO
THE APPLICABLE PAYOR IN AN AMOUNT EQUAL TO THE UNPAID OBLIGATION FOR THE
CAPITAL FINANCING ADD-ON RATE (OR OTHER SIMILAR  RATE  COMPONENT  ESTAB-
LISHED BY THE STATE AGENCY OR DEPARTMENT WHICH LICENSED OR CERTIFIED THE
RESIDENTIAL SCHOOL OR RESIDENTIAL FACILITY) AND PAY OVER SUCH SUM TO THE
AUTHORITY  OR  ITS TRUSTEE UPON CERTIFICATION OF THE COMMISSIONER OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES, THE STATE  EDUCATION  DEPARTMENT
OR ANY OTHER STATE GOVERNMENTAL PAYOR, AS APPLICABLE; AND
  (5)  A  REQUIREMENT  THAT  THE  NOT-FOR-PROFIT  CORPORATION PAY TO THE
AUTHORITY THE AMOUNT REQUIRED TO PAY THE PRINCIPAL OF  AND  INTEREST  ON
OBLIGATIONS  OF THE AUTHORITY ISSUED IN RELATION TO PROVIDING SUCH RESI-
DENTIAL SCHOOLS AND RESIDENTIAL FACILITIES AND ALL  INCIDENTAL  EXPENSES
OF THE AUTHORITY INCURRED IN RELATION THERETO.

A. 8655                             4

  B.  THE  AUTHORITY  SHALL  NOT  ENTER INTO ANY AGREEMENT AUTHORIZED BY
PARAGRAPH A OF THIS SUBDIVISION UNLESS AND UNTIL  THE  STATE  AGENCY  OR
DEPARTMENT WHICH CERTIFIED THE RESIDENTIAL SCHOOL OR RESIDENTIAL FACILI-
TY,  TOGETHER  WITH  THE  DIRECTOR  OF  THE DIVISION OF THE BUDGET, HAVE
APPROVED  IN  WRITING  THE  PROJECT  TO BE FINANCED WITH THE PROCEEDS OF
BONDS ISSUED BY THE AUTHORITY.
  C. THE AUTHORITY SHALL NOT ISSUE ANY BONDS OR NOTES IN EXCESS OF THIR-
TY MILLION DOLLARS FOR THE PURPOSE OF FINANCING  THE  COSTS  RELATED  TO
RESIDENTIAL  SCHOOLS OR RESIDENTIAL FACILITIES AS DEFINED IN SUBDIVISION
FORTY-SIX OF SECTION SIXTEEN HUNDRED SEVENTY-SIX OF  THIS  TITLE,  WHICH
BONDS  AND  NOTES  SHALL  BE IN ADDITION TO ANY BONDS OR NOTES WHICH THE
AUTHORITY MAY ISSUE PURSUANT TO SUBDIVISION FORTY OF  THIS  SECTION.  IN
CALCULATING  THE AMOUNT OF BONDS OR NOTES ISSUED OR OUTSTANDING PURSUANT
TO THIS SUBDIVISION, THE FOLLOWING SHALL BE EXCLUDED THEREFROM: (1)  THE
PRINCIPAL  AMOUNT  OF  BONDS  OR  NOTES  ISSUED TO FUND ONE OR MORE DEBT
SERVICE RESERVE FUNDS; (2) THE PRINCIPAL AMOUNT OF BONDS OR NOTES ISSUED
TO PAY THE COSTS OF ISSUANCE OF SUCH BONDS OR TO PROVIDE FOR THE PAYMENT
OF INTEREST ON THE BONDS DURING  CONSTRUCTION;  AND  (3)  THE  PRINCIPAL
AMOUNT  OF BONDS OR NOTES ISSUED TO REFUND OR OTHERWISE REPAY SUCH BONDS
AND BONDS OR NOTES PREVIOUSLY ISSUED.  EXCEPT FOR PURPOSES OF  COMPLYING
WITH  THE  INTERNAL  REVENUE  CODE,  ANY  INTEREST INCOME EARNED ON BOND
PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS OR NOTES.
  S 6. The social services law is amended by adding a new section  462-c
to read as follows:
  S 462-C. STANDARDS OF PAYMENT. 1. (A) THE OFFICE OF CHILDREN AND FAMI-
LY  SERVICES SHALL ESTABLISH, SUBJECT TO CONSULTATION WITH THE APPROPRI-
ATE STATE AGENCIES, THE APPROVAL OF  THE  DIRECTOR  OF  THE  BUDGET  AND
FEDERAL APPROVAL, STANDARDS OF PAYMENT FOR THE CAPITAL COSTS OF APPROVED
PROJECTS  FOR  RESIDENTIAL SCHOOLS OR RESIDENTIAL FACILITIES WHICH ENTER
INTO A LEASE, SUBLEASE OR OTHER AGREEMENT WITH THE  DORMITORY  AUTHORITY
PURSUANT  TO  SUBDIVISION FORTY-ONE OF SECTION SIXTEEN HUNDRED EIGHTY OF
THE PUBLIC AUTHORITIES LAW. THE  MAINTENANCE  RATE  ESTABLISHED  BY  THE
COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES FOR SUCH
RESIDENTIAL SCHOOLS OR RESIDENTIAL FACILITIES SHALL  BE  ESTABLISHED  IN
TWO  PARTS, ONE PART OF WHICH WILL BE THE CAPITAL FINANCING ADD-ON RATE,
WHICH SHALL BE THE COST PER CHILD OF THE ANNUAL PAYMENT PURSUANT TO SUCH
LEASE, SUBLEASE OR  OTHER  AGREEMENT.  THE  APPLICABLE  SOCIAL  SERVICES
DISTRICT, SCHOOL DISTRICT OR OTHER PAYOR RESPONSIBLE FOR THE MAINTENANCE
COST OF A CHILD PLACED IN SUCH RESIDENTIAL SCHOOL OR RESIDENTIAL FACILI-
TY,  SHALL AGREE TO PAY AND IS RESPONSIBLE FOR PAYING THE NOT-FOR-PROFIT
CORPORATION OPERATING THE RESIDENTIAL SCHOOL OR THE RESIDENTIAL FACILITY
ONE HUNDRED PERCENT OF THE CAPITAL FINANCING ADD-ON RATE FOR  EACH  SUCH
CHILD PLACED IN SUCH INSTITUTION. TO THE EXTENT PERMISSIBLE UNDER FEDER-
AL  LAW  AND  REGULATION, THE CAPITAL FINANCING ADD-ON RATE SHALL NOT BE
SUBJECT TO ANY COST SCREENS, CAPS OR PARAMETERS LIMITING OR REDUCING THE
AMOUNT OF SUCH COST REQUIRED BY THIS SECTION.
  (B) THE EXPENDITURES MADE BY THE  APPLICABLE  PAYOR  FOR  THE  CAPITAL
FINANCING  ADD-ON  RATE  FOR  CHILDREN PLACED IN A RESIDENTIAL SCHOOL OR
RESIDENTIAL FACILITY WHICH HAS A LEASE, SUBLEASE OR OTHER AGREEMENT WITH
THE AUTHORITY PURSUANT  TO  SUBDIVISION  FORTY-ONE  OF  SECTION  SIXTEEN
HUNDRED  EIGHTY OF THE PUBLIC AUTHORITIES LAW, SHALL BE SUBJECT TO STATE
REIMBURSEMENT IN ACCORDANCE  WITH  SUBDIVISION  FIVE  OF  SECTION  THREE
HUNDRED  NINETY-EIGHT-A  OF  THIS CHAPTER AND ARTICLE EIGHTY-NINE OF THE
EDUCATION LAW, AS APPLICABLE.
  S 7. Subdivision l of section  462  of  the  social  services  law  is
amended by adding a new paragraph (g) to read as follows:

A. 8655                             5

  (G) NO RESIDENTIAL SCHOOL OR RESIDENTIAL FACILITY AS DEFINED IN SUBDI-
VISION  FORTY-SIX  OF  SECTION SIXTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC
AUTHORITIES LAW SHALL ENTER INTO A LEASE, SUB-LEASE OR  OTHER  AGREEMENT
WITH  THE AUTHORITY PURSUANT TO SUBDIVISION FORTY-ONE OF SECTION SIXTEEN
HUNDRED EIGHTY OF THE PUBLIC AUTHORITIES LAW UNLESS AND UNTIL:
  (I)  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, THE DIRECTOR OF THE
DIVISION OF THE BUDGET AND ANY OTHER STATE AGENCY WHICH LICENSES, CERTI-
FIES OR ISSUES OPERATING CERTIFICATES  TO  SUCH  RESIDENTIAL  SCHOOL  OR
RESIDENTIAL  FACILITY  FIRST  DETERMINES  THAT THE PROJECT IS CONSISTENT
WITH THE RESIDENTIAL BED PLAN DEVELOPED PURSUANT TO SUBDIVISION  SEVEN-A
OF  SECTION FOUR HUNDRED EIGHTY-THREE-D OF THIS CHAPTER AND APPROVES THE
PROJECT COST ON THE BASIS THAT SUCH COSTS ARE REASONABLE, NECESSARY  AND
COST EFFECTIVE BASED UPON THE APPLICATION OF COST PER SQUARE FOOT GUIDE-
LINES  AND  ANY  OTHER STANDARDS APPLICABLE TO THE TYPE OF PROGRAM OR TO
THE CLINICALLY-REQUIRED NEEDS OF A SPECIALIZED GROUP OF CHILDREN  TO  BE
SERVED BY THE PROJECT; AND
  (II)  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES OR SUCH OTHER STATE
AGENCY WHICH LICENSES, CERTIFIES OR  ISSUES  OPERATING  CERTIFICATES  TO
SUCH  RESIDENTIAL  SCHOOLS  OR RESIDENTIAL FACILITIES APPROVES THE PLANS
AND SPECIFICATIONS OF THE  FACILITIES  TO  BE  REPLACED,  RECONSTRUCTED,
REHABILITATED, IMPROVED, RENOVATED, OR OTHERWISE PROVIDED FOR, FURNISHED
OR EQUIPPED.
  S  8.  This  act  shall take effect immediately; provided that section
seven of this act shall take effect on the same date as  section  16  of
Part D of chapter 501 of the laws of 2012, takes effect.